Showing Posts In "Immigration and E-Verify" Category

U.S. Supreme Court: No Federal Preemption in State’s I-9 Fraud Case

Three individuals in Kansas v. Garcia were convicted of identity theft under Kansas law for using other peoples’ Social Security numbers to gain employment, providing false Social Security numbers on their I-9 forms and on their state tax-withholding forms. Although the State of Kansas dropped its previous reliance on the information on the I-9 forms, […]

E-Verify Extends Timeframe for Taking Action to Resolve Tentative Nonconfirmations

Due to Social Security Administration (SSA) office closures to the public, the federal E-Verify system is extending the timeframe to take action to resolve Social Security Administration Tentative Nonconfirmations (TNC). Also extended is the timeframe to take action to resolve U.S. Department of Homeland Security TNCs in limited circumstances when an employee cannot resolve a […]

ICE Steps Up I-9 Inspections in Southern California Amid Coronavirus Pandemic

Immigration and Customs Enforcement (ICE) has ramped up the I-9 workplace inspections, with offices in San Diego and Los Angeles combining to issue more than 300 Notices of Inspections in the past few weeks. Inspections by ICE and HIS have increased threefold each year, with worksite investigations increasing from 1,691 to 6,848 annually. Although ICE […]

I-9 “In-Person” Requirement Relaxed During Pandemic

Effective through May 19, 2020, the Department of Homeland Security has relaxed the “in-person” review requirements associated with the Form I-9 process for certain employers on a remote working schedule. The change is the result of the 2020 coronavirus pandemic. All other Form I-9 process rules remain in effect. While Form I-9 in-person inspection rules […]

Florida Governor Signs New E-Verify Law for Employers

On June 30, 2020, Florida Governor Ron DeSantis signed into law a state mandate that requires public employers and some private employers to use E-Verify to confirm employee work eligibility. Although the requirements of the new law vary depending on whether the employer is a public or private employer, public employers in the state of […]

USCIS Provides Form I-9 Mockups to Illustrate Temporary COVID-19 Policies

The United States Citizenship and Immigration Services (USCIS) recently updated its guidance on how to annotate the Form I-9 when remotely inspecting employment authorization and identity documents and performing the required physical inspection at a later date. A series of Form I-9 mockups have been provided, as well as examples of how to annotate the […]

I-9 Compliance Flexibility Extended to July 19

As a result of the COVID-19 pandemic, the Department of Homeland Security (DHS) office has extended its flexibility regarding the physical presence requirements for I-9 inspection until July 19, 2020. The eligibility requirements are unchanged and are applicable to employers and workplaces that are operating remotely. Eligible employers may continue to inspect Section 2 documents […]

Avoid ICE Penalties! Use the Correct Form I-9! New Version of Form I-9 in Effect as of May 2, 2020

As of May 1, 2020, employers are required to use the new version of Form I-9, which is available in fillable PDF format, print format, and in Spanish on U.S. Citizenship and Immigration Services’ (USCIS) I-9 Central website. In addition, a revised M-274, Handbook for Employers: Guidance for Completing Form I-9, Employment Eligibility Verification, has […]

USCIS Updated M-274, Handbook for Employers on Completing Form I-9

An updated M-274, Handbook for Employers: Guidance for Completing Form I-9, from the U.S. Citizenship and Immigration Services (USCIS), provides substantive clarification and developments. Changes include information about authorized representatives, the List B ID card, List C employment authorization documents, automatic extensions of documents, how to complete the form I-9 with EADs automatically extended by […]

Form I-9 Employment Eligibility Verification Updates

Effective May 1, 2020, employers verifying identity and employment authorization for their employees must use the October 21, 2019, edition of Form I-9: Employment Eligibility Verification. A revised M-274 Handbook for Employers that was published in April by the U.S. Citizenship and Immigration Services (USCIS) provides updated instructions and guidance for completing the I-9 Form […]


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